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Category Archives: Federal Circuit


Watch Your Language: Federal Circuit Rules that Words—Not Just Drawings—Determine the Scope of a Design Patent

Curver Luxembourg, SARL v. Home Expressions Inc., Appeal No. 2018-2214 (Fed. Cir. Sept. 12, 2019)

Curver Luxembourg, SARL is the owner of U.S. Design Patent No. D677,946, titled “Pattern for a Chair.” The design patent, which features an overlapping “Y” design, claims an “ornamental design for a pattern for a chair.” The title of the design patent, as originally applied for, was “Furniture Part.” However, the application was initially denied for failure to adequately designate the article to which the patent would apply. The Patent Office granted the design patent only after Curver altered the language from “Furniture Part” to “Pattern for a Chair” to satisfy the single article requirement. The design patent does not contain any images or drawings of the design as applied to a chair. Rather, the design patent’s figures illustrate the design pattern disembodied from any article of manufacture.
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Recent Federal Circuit Decisions Address the “Tangential Relation” Exception to Prosecution History Estoppel

Ajinomoto Co., Inc. v. Int’l Trade Comm’n, Appeal No. 2018-1590 (Fed. Cir. Aug. 6, 2019)

Eli Lilly & Co. v. Hospira, Inc., Appeal No. 2018-2128 (Fed. Cir. Aug. 9, 2019)

Prosecution history estoppel typically forecloses a patent owner’s ability to claim infringement on equivalents in the territory between the original claim language and the finalized claim language.[1] In two recent cases, however, the Federal Circuit showed its willingness to apply the tangential relation exception to prosecution history estoppel and find infringement under the doctrine of equivalents.

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